PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 Page 51 of 70 (3) A third party(a) that has been unsuccessful in an internal appeal to the relevant authority of a public body; (b) aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of 'public body' in section 1 to grant a request for access; or (c) aggrieved by a decision of the head of a private body in relation to a request for access to a record of that body, may, by way of an application, within 180 days apply to a court for appropriate relief in terms of section 82. [Sub-s. (3) amended by s. 28 (b) of Act 42 of 2013 (wef 22 January 2014).] [NB: S. 78 has been substituted by s. 110 of the Protection of Personal Information Act 4 of 2013, a provision which will be put into operation by proclamation. See PENDLEX.] 79 Procedure (1) The Rules Board for Courts of Law, established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), must, before 28 February 2009, subject to the approval of the Minister, make rules of procedure for(a) a court in respect of applications in terms of section 78; and (b) a court to receive representations ex parte referred to in section 80 (3) (a). [Sub-s. (1) amended by s. 23 (a) of Act 55 of 2003 (wef 31 March 2005) and by s. 27 of Act 66 of 2008 (wef 17 February 2009).] (2) Until the rules of procedure in terms of subsection (1) (a) come into operation, an application in terms of section 78 must be lodged with a High Court or another court having jurisdiction. [Sub-s. (2) substituted by s. 23 (b) of Act 55 of 2003 (wef 31 March 2005).] (3) Any rule made in terms of subsection (1) must, before publication in the Gazette, be approved by Parliament. 80 Disclosure of records to, and non-disclosure by, court (1) Despite this Act and any other law, any court hearing an application, or an appeal against a decision on that application, may examine any record of a public or private body to which this Act applies, and no such record may be withheld from the court on any grounds. (2) Any court contemplated in subsection (1) may not disclose to any person, including the parties to the proceedings concerned, other than the public or private body referred to in subsection (1)(a) any record of a public or private body which, on a request for access, may or must be refused in terms of this Act; or (b) if the information officer of a public body, or the relevant authority of that body on internal appeal, in refusing to grant access to a record in terms of section 39 (3) or 41 (4), refuses to confirm or deny the existence or non-existence of the record, any information as to whether the record exists. (3) Any court contemplated in subsection (1) may(a) receive representations ex parte; (b) conduct hearings in camera; and (c) prohibit the publication of such information in relation to the proceedings as the court determines, including information in relation to the parties to the proceedings and the contents of orders made by the court in the proceedings. 81 Proceedings are civil http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&functio... 2016/12/02